Sales Terms

All sales are final, on an As Is -Where Is " In Place" " With All Faults" Basis. No Item shall be removed unless paid in full and all items shall be removed by March 28th, 2018. No items shall be removed until the close of the auction sale and items have been paid for. CONDITIONS OF ARTICLES SOLD: The Owner and Pearl Equipment Co. shall not be responsible for the correct description, genuineness, authenticity of, or defect in any lot and makes no warranty of the goods being sold. No sale shall be set aside, nor allowance made on account of any error. NO DEDUCTION ALLOWED ON DAMAGED ARTICLES, ALL ARTICLES ARE BEING EXPOSED FOR PUBLIC INSPECTION, AND SOLD “AS IS” AND WITHOUT RECOURSE, ALL SALES ARE FINAL. ARTICLES ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF THE ARTICLES PURCHASED, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM. SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards as required by OSHA or otherwise. It is the purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles in operation. INDEMNIFICATION: Purchaser agrees to indemnify and hold owner, Hardy Machinery, and Pearl Equipment Co. harmless from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, or for proximate or consequential damages, costs or legal expenses arising therefrom. COMPLIANCE WITH TERMS OF SALE: In default of payment of bills in full within the time specified, the seller in addition to all other remedies allowed by law may retain all monies received as deposit or otherwise as liquidated damages. Lots that are not paid for or that are not removed within the time period allowed may be resold at public or private sale without further notice, and any deficiency, together with all expenses and charges or resale will be charged to the defaulting purchaser. Seller reserves the right to reject any and all bids. REMOVAL: All items must be removed by March 28th, 2018. QUESTIONS: Any questions please contact Heath Howard, 256-536-7871